theoryofabrogation

Tag: understanding the law

Domestic Violence

History In the beginning of the 1800s, in English common law wife beating is considered as a men’s right. It is considered a  ritual amongst society but with time in the 16th century, this is considered as a crime not only against women but against society as a whole. It was termed as a breach of the peace in that society. So to curb this problem English common law introduced some laws i.e. to furnish a bond by the husband and to stake pledges from his associates for peaceful life and good behavior in the future. In terms of the sentences, it was only pity fines. A great change has been seen during the American Revolution, many of the American colonies made laws in favor of women and coined the domestic violence system a heinous crime against the liberty of women. Transfer of the local justices to the state courts. Taking a course of the same by the judicial system rather than the legislatures of the state. Setting up the precedent in domestic violence cases are some of the things that took place in that era. The major change took place when the political agitation of the feminist movement begin to take place in the 19th century. This forces the political system of that era into opinion and legislation. related to domestic violence within the US, UK, and other countries. • In the year 1850 Tennessee a state in the US become the first country to make wife beating illegal and penalized strong punishment for the same. Gradually this thing followed by other states also. — In the year 1878 UK matrimonial causes act was passed which gave a right to the wife to get separated from an abusive husband. • In the early 20th century a change was also seen amongst the court in these cases whenever these types of cases comes into the court. The Judge imposes a harsh punishment against the husband’s perpetrator. But when the situation is the opposite the same thing deals with leniency by the court. Even then in most of the legal systems around the world, the issue of domestic violence was highlighted from the 1990s onward. In most countries, there were no protection no laws for the security of women in cases of domestic violence. Keeping in view this thing in 1993 the UN published some strategies for confronting domestic violence: A resource manual. By this, they are urging the countries to treat domestic violence as an unlawful act. But the scenario was not as thought as many countries at that time so this was out of the scope of the law. Physical discipline of the children and chastisement of the wife is considered as one of the necessary things. As far as India is concerned there are various forms of domestic violence act has been seen i.e. honor killings, dowry deaths, and forced marriages. In the year 2005 efforts were being made to curb the issue of domestic violence and in response to this the protection of women from domestic violence act has been passed. TYPES OF DOMESTIC VIOLENCE There are various forms of domestic violence engraved in the laws some of these are:- Physical abuse One of the most prominent abuse is considered physical abuse where the victim is in constant fear of bodily pain, injury, other physical suffering, or bodily harm. Due to this the growth of her mental and physical state stuck. Another thing that took place is an acid attack in which the attempt is to damage the face and the body of the victim which also result in blindness and permanent scaring of the female. As far as India is considered most of the domestic violence cases come after the women get married and the husband or the family members of the husband are dissatisfied over the dowry demands that result in continuous physical abuse of the women and some cases the killing of the women. According to the National crime records bureau in the year 2011 around 8618 dowry deaths were reported in India but the official figure is far bigger than this amount. Sexual abuse It is defined as abuse that humiliates, degrades, or hampers the dignity of women in general. Majority of the sexual abuse is considered marital rape but this is not outlawed in many countries. Marital rape is only hit when the victim is under the age of  15. Besides this, in many cultures, the victim of rape is considered a shame and disgrace to the family. If the victim got pregnant then her life ended up by her family members. When it comes to marriage in some cultures there is an obligation that the woman is only to bear the children of the husband if it is found out that the woman is using birth control then she has to face the constant fear and threats in society this practice is mostly common among the people of Ghana. Verbal and Emotional Abuse In domestic violence cases, the first thing that a female has to face is verbal abuse by her spouse and in some cases by the family of the spouse. When it is intermixed with emotional abuse the situation got worse. The environment of this led to emotional and mental trauma to the female which ultimately hampers her mental strength. WHO termed it as the most common way of abuse in all the societies of the world. It includes minimizing threats, isolation, public humiliation, criticism among the masses, personal devaluation of the image, coercive control over one’s affairs, and stalking. This led to increasing chances of depression which can lead to suicide, drug and alcohol abuse, etc. Economic Abuse This is a form of financial abuse in which one intimate partner has overall control over the economic resources of the other partner. The assets are used as a means of control. Economic abuse includes limiting what victims may use or exploiting the resources used to support the daily…

Criminal Law